Hello Legal Experts,
Can you throw some light as to whether Bank Account of a Judgement-Debtor can be attached while executing Money-Decree ?
Decree was passed in a Suit filed under Order XXXVII of C.P.C. and remains partly unsatisfied, hence the Decree-Holder wants to execute the Decree by attaching money/cash & fixed-deposits of Judgement Debtor.
1. Can Decree-Holder attach the Cash lying in Bank-Account of Judgement-Debtor ? If Yes, what kind of application needs to be submitted in the Court in order to pursue the attachment ?
2. Can Decree-Holder request the Court to attach Fixed-Deposits (FD) in the Name of Judgement- Debtor ? Which Section or Order of C.P.C. deals with attachment of Fixed-Deposits of Debtors ?
3. Is appointment of Receiver necessary in order to pursue attachment of cash at Bank-Account or Fixed-Deposits of Judgement-Debtors ?
4. Once the attachment of bank-account/fixed-deposits of Judgement-Debtor has taken place, what steps needs to be taken by Decree-Holder to realize that Amount in order to satisfy his Decree ?
Awaiting your advice.
Regards,
Justice Seeker.
Raigad,MH.
